Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire District — See Ch. 54.
Bureau of Fire Operations — See Ch. 57.
Alarm — See Ch. 109.
Unsafe buildings — See Ch. 132.
Fire zones — See Ch. 169.
Property maintenance — See Ch. 232.
[Adopted 6-10-1986 by Ord. No. 86-7(Ch. 85, Art. I, of the 1977 Code)]

§ 166-1 Establishment of regulations.

Chapter 85 of the Code of the Township of Hillsborough, formerly known as the "Local Fire Prevention Code," which was repealed through Ordinance Nos. 85-18 and 86-9, is hereby replaced by a new Local Fire Prevention Code intended to supplement the State Uniform Fire Safety Act[1] and the rules and regulations promulgated thereunder.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 166-2 Construal of provisions.

This Local Fire Prevention Code is intended to be an addition and supplement to the state codes and regulations promulgated by the Department of Community Affairs pursuant to the Uniform Fire Safety Act of the State of New Jersey. While the regulations contained herein are neither inconsistent with the Uniform Fire Safety Act and the codes and regulations adopted under it, nor more restrictive than the State Uniform Construction Code[1] they are intended to provide an additional measure of protection against fire for the benefit of the residents of Hillsborough Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 166-3 Enforcement.

[Amended 8-24-1999 by Ord. No. 99-40]
Enforcement of the technical regulations promulgated under this article shall be by the Chief Fire Official for the Board of Fire Commissioners.

§ 166-4 Definitions.

[Amended 8-24-1999 by Ord. No. 99-40]
Whenever the following terms are used in this article, they shall have the meanings respectively ascribed to them by this section as follows:
APPROVED RATING ORGANIZATION
Any of the following: Underwriters Testing Laboratories, Factory Mutual Research Corp., National Bureau of Standards or NFPA Standard No. 74, 1984.
CONSTRUCTION OFFICIAL
The chief administrator of the Hillsborough Building Department created pursuant to the State Uniform Construction Code Act, namely N.J.S.A. 52:27D-119 et seq., and its amendments and supplements.
DWELLING UNIT
A building or a portion of a building arranged for the use of one or more individuals living alone or together as a single housekeeping unit with living, sanitary and sleeping facilities, but not including trailers, tents or house trailers used for recreational purposes.
FIRE OFFICIAL/CHIEF FIRE MARHSAL
A person certified by the Commissioner of the Department of Community Affairs and appointed to direct the enforcement of the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.).
[Amended 3-14-2001 by Ord. No. 2001-07; 9-12-2006 by 2001-07; 9-12-2006 by Ord. No. 2006-24]
MULTIFAMILY DWELLING
All buildings that are classified as Use Group R-2 as defined in the New Jersey Uniform Construction Code.
[Added 3-14-2001 by Ord. No. 2001-07]
OFFICE
A professional business occupancy where there is not warehouse or storage and no machinery other than typical office equipment.
SEPARATE SLEEPING AREA
The area or areas of the family living unit in which the bedrooms (or sleeping rooms) are located. Bedrooms (or sleeping rooms) separated by other use areas, such as kitchens or living rooms, but not bathrooms, shall be considered as separate sleeping areas for purposes of this standard.
SMOKE DETECTOR
An instrument approved by an approved rating organization for the detection of ionized gases or products of combustion produced by burning or smoldering materials.

§ 166-5 Violations and penalties.

Any violation of any section of this article shall be deemed a Class C violation as it is defined in the Hillsborough Code § 1-15. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this article. Each day of violation shall constitute an additional separate and distinct offense.
[Adopted 12-10-1985 by Ord. No. 85-18 (Ch. 85, Art. II, of the 1977 Code)]

§ 166-6 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383)[1] the New Jersey Uniform Fire Code shall be locally enforced in the Township of Hillsborough.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 166-7 Enforcing agency.

[Amended 6-25-2002 by Ord. No. 2002-18]
The local enforcing agency shall be the Bureau of Fire Safety of the Township of Hillsborough within the limits established by Ordinance No. 77-7 adopted by the Hillsborough Township Committee on April 12, 1977.[1]
[1]
Editor's Note: See Ch. 54, Fire District.

§ 166-8 Duties.

The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Hillsborough, other than owner-occupied one- and two-family dwellings, state-owned buildings and federal buildings, either owned or leased, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code. Buildings leased by the state shall be subject to local enforcement.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 166-9 Periodic inspections of life-hazard uses.

The local enforcing agency established by § 166-7 of this article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. It is understood that high-rise structures are included within the code definition of "life-hazard uses."

§ 166-10 Organization.

[Amended 6-25-2002 by Ord. No. 2002-18; 9-12-2006 by Ord. No. 2006-24]
The local enforcing agency established by § 166-7 of this article shall be the Hillsborough Bureau of Fire Safety. Enforcement shall be conducted by the Chief Fire Marshal, who shall function under the authority and supervision of the Board of Fire Commissioners. The Chief Fire Marshal shall have the authority to supervise such Fire Marshals as may be employed. Such funds as may be necessary to support the enforcement operation shall be raised by the district in the manner provided by law.

§ 166-11 Appointment; term of office; Fire Marshals and employees; removal.

[Amended 6-25-2002 by Ord. No. 2002-18; 9-12-2006 by Ord. No. 2006-24]
A. 
Appointment of Chief Fire Marshal. The Chief Fire Marshal shall be appointed by the Township Committee upon the recommendation of the Hillsborough Township Board of Fire Commissioners.
B. 
Term of office. The Chief Fire Marshal shall serve a term of four years.
C. 
Fire Marshals and employees. The Hillsborough Township Committee, upon recommendation of the Hillsborough Township Board of Fire Commissioners, shall appoint such Fire Marshals and other employees as may be necessary to carry out all required inspection activity in the Fire District. Such Fire Marshals shall be under the supervision and control of the Chief Fire Marshal.
D. 
Removal from office. The Chief Fire Marshal, Fire Marshals and other employees of the enforcing agency shall be subject to removal by the Hillsborough Township Committee upon the recommendation of the Hillsborough Township Board of Fire Commissioners for inefficiency or misconduct. Each Fire Marshal or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority in accordance with the Hillsborough Township Personnel Policies Ordinance.[1]
[1]
Editor's Note: See Ch. 89, Personnel Policies.

§ 166-12 Appeals.

[Amended 9-12-2006 by Ord. No. 2006-24]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Somerset County for a hearing.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.

§ 166-13 Additional required inspections and fees.

[Amended 8-24-1999 by Ord. No. 99-40]
A. 
Additional required inspections. All businesses, offices and places of assembly not already considered a life-hazard use shall be inspected for compliance with the provisions of the Uniform Fire Code a minimum of once every 12 months. Each multifamily dwelling unit shall be inspected on a cyclical basis so that every unit is inspected a minimum of once every five years.
[Amended 3-14-2001 by Ord. No. 2001-07]
B. 
Registration. Whenever the Chief Fire Marshal shall have cause to believe that a building or use would require an annual inspection as outlined in Subsection A, the Chief Fire Marshal or designee shall complete a registration of the building or use. It shall be a violation of § 166-16 for an owner to fail to provide information necessary to complete registration within 30 days. The owner of the business, office, place of assembly or multiple dwelling shall provide the Chief Fire Marshal the necessary information to complete the registration. Each registration shall include, but not be limited to, the following information:
[Amended 9-12-2006 by Ord. No. 2006-24]
(1) 
The name, address and telephone number of the building or use.
(2) 
(Reserved)
(3) 
Where the applicant is a corporation, the name, address and telephone number of the agent for service of process.
(4) 
A description of the use being applied for, including:
(a) 
The geographical location, including street address and tax block and lot number.
(b) 
The height of the building in which the use is located.
(c) 
The location of the use in the building.
(d) 
The floor area of use.
(e) 
(Reserved)
(f) 
(Reserved)
(g) 
A description of the business.
(5) 
Where the owner of the use and the owner of the building in which it is located are not the same, then the application shall include the same information for the owner of the building as is herein required for the owner of the use.
(6) 
The name, address, physical location and telephone number of the person responsible for the maintenance of the premises.
C. 
Fees. The owner of each business, office, place of assembly or multiple dwelling, not already a state LHU, shall pay to the Fire District an annual fee. The fees shall be as follows (Note: square footage based upon gross floor area including basements):
[Amended 6-25-2002 by Ord. No. 2002-18; 8-27-2013 by Ord. No. 2013-18]
(1) 
Office occupancy, 500 square feet or less: $55.
(2) 
Occupancy under 1,000 square feet: $80.
(3) 
Occupancy 1,000 to 2,999 square feet: $100.
(4) 
Occupancy 3,000 to 5,999 square feet: $110.
(5) 
Occupancy 6,000 to 7,999 square feet: $130.
(6) 
Occupancy 8,000 to 9,999 square feet: $150.
(7) 
Occupancy 10,000 to 11,999 square feet: $180.
(8) 
Occupancy 12,000 to 13,999 square feet: $210.
(9) 
Occupancy 14,000 and over square feet: $280.
(10) 
Multiple dwellings with common areas between six and 25 units: $100.
(11) 
Multiple dwellings with common areas over 25 rental units: $250.
(12) 
Retail or commercial common areas: $150.

§ 166-14 Permit fees.

[Amended 2-27-1990 by Ord. No. 90-2; 8-24-1999 by Ord. No. 99-40; 6-25-2002 by Ord. No. 2002-18; 3-9-2004 by Ord. No. 2004-04; 8-27-2013 by Ord. No. 2013-18]
The application fee for a permit shall be as follows:
Type
Fee
Type I
$60.00
Type II
$195.00
Type III
$400.00
Type IV
$595.00
Type V
$25.00 per job site

§ 166-15 Certificate of smoke detector and carbon monoxide compliance (CSDCMAC).

[Amended 8-24-1999 by Ord. No. 99-40; 6-25-2002 by Ord. No. 2002-18; 3-9-2004 by Ord. No. 2004-04; 12-28-2010 by Ord. No. 2010-36; 8-27-2013 by Ord. No. 2013-18]
A. 
Before any Use Group R-2, R-3, R-4 or R-5 structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide compliance (CSDCMAC) evidencing compliance with N.J.A.C. 5:70-4.19, 5:57-2.3 and 5:70-3 et seq.
B. 
The owner or the authorized agent of the owner shall apply for a CSDCMAC on a form provided by the Hillsborough Bureau of Fire Safety. The application shall be accompanied by the required fee as outlined below:
(1) 
Request for a CSDCMAC received more than 10 business days prior to the change of occupant: $50.
(2) 
Request for a CSDCMAC received four business days to 10 business days prior to the change of occupant: $85.
(3) 
Request for a CSDCMAC received fewer than four business days prior to the change of occupant: $140.
C. 
The required fee allows for the initial inspection and one reinspection. An additional fee of $35 is required for any required additional reinspections.

§ 166-16 Fire alarm systems.

[Added 3-14-2001 by Ord. No.2001-07]
A. 
Fire alarm systems located in offices, places of assembly, multifamily dwellings and other commercial buildings that are monitored by a central station or other proprietary agency shall not be reset prior to the arrival and approval of the Fire Department or Fire Marshal.
[Amended 9-12-2006 by Ord. No. 2006-24]
B. 
All commercial properties that have fire alarm systems shall provide a list of twenty-four-hour contact persons. There shall be a minimum of two contacts. All emergency contacts must be capable of responding to the effected property within 30 minutes, have the authority to make proper notifications for emergency repairs and shall have access to all areas of the affected property. The emergency contact list shall be provided to the Hillsborough Police Department and the Hillsborough Bureau of Fire Safety. Any updates or changes to the list must be forwarded within seven days.

§ 166-17 Fire hydrant markers.

[Added 4-27-2004 by Ord. No. 2004-13]
A. 
Markers shall be installed on all fire hydrants and underground fire suppression water tanks within Hillsborough Township.
B. 
The installation and maintenance of hydrant markers on privately owned hydrants shall be the responsibility of the property owner.
C. 
All new fire hydrants installed after May 1, 2004, must have hydrant markers installed in accordance with this section. Installation of these markers shall be the responsibility of the developer or property owner. Hydrant markers must be installed and approved prior to the issuance of a certificate of occupancy.
D. 
Markers shall be installed on the right discharge port.
E. 
Marker specifications. Markers shall meet the specifications listed below and approved by the Fire Official. The specifications are as follows:
(1) 
Shaft: four long, 3/8 inch diameter, Pultrusion fiber glass, white in color.
(2) 
Banding: engineer grade reflective sheeting; six-inch red, six-inch white, six-inch blue.
(3) 
Spring: 304 stainless steel 0.0125 inches to 0.0135 inches.
(4) 
Ring mount: 304 stainless steel, tear drop bend with offset, 3/8 inch.
F. 
Removal or tampering with hydrant markers shall be deemed a Class C violation as it is defined in Chapter 1, General Provisions, § 1-15, Violations and penalties, of the Hillsborough Township Code.